When the FBI Comes Calling…®
PUBLIC CORRUPTION (Continued)
18 U.S.C. § 210 (2007)
The Crime
Under section 210, it a crime for a person to
- pay or offer or promise any money or thing of value,
- to any person, firm, or corporation
- in consideration of the use or promise to use any influence to procure any appointive office or place under the United States for any person,
The Punishment
The punishment for a violation of section 210 is
- a fine, imprisonment for not more than one year, or both. 18 U.S.C. § 210.
Case Law Interpreting Section 210
There is surprisingly little case law interpreting section 210. However, a United States Supreme Court case which analyzed the predecessor statute, notes the legislative history of this section was aimed at proscribing payments to political parties in return for influence. United States v. Shiry, 359 U.S. 255, 259-60 (1956).
18 U.S.C. § 211 (2007)
The Crime
Under section 211 it is a crime for a person to
- solicit or receive, either as a political contribution, or for personal emolument, any money or thing of value,
- in consideration of the promise of support or use of influence in obtaining for any person any appointive office or place under the United States,
- solicit or receive any thing of value
- in consideration of aiding a person to obtain employment under the United States either
- by referring his name to an executive department or agency of the United States or
- by requiring the payment of a fee because such person has secured such employment. 18 U.S.C. § 211.
The Punishment
The punishment for a violation of section 211 is
- a fine, imprisonment for not more than one year, or both. 18 U.S.C. § 211.
Case Law Interpreting Section 211
Most of the case law that interprets section 211 deals with its predecessor statute. When Congress enacted what is now section 211, its purpose in doing so was an attempt to outlaw all improper tampering with government employment. United States v. Jacobs, 116 F. Supp. 928, 929 (N.D. Ill. 1953). It must be noted, however, that Congress outlawed not the use of influence, merely the solicitation of its purchase. United States v. Hood, 343 U.S. 148, 150(1952). Furthermore, the statute penalizes corruption, and it is "no less corrupt to sell an office one may never be able to deliver than to sell one he can." Id. at 151.